H.B. 343

This document includes House Committee Amendments incorporated into the bill on Wed,
Feb 7, 2007 at 10:51 AM by ddonat. -->
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 22,
2007 at 11:31 AM by jeyring. -->
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FOSTER PLACEMENT AND ADOPTION

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AMENDMENTS

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2007 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Lorie D. Fowlke

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Senate Sponsor:
Dan R. Eastman

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LONG TITLE
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General Description:
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This bill amends provisions of the Judicial Code relating to foster placements and
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adoption.
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Highlighted Provisions:
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This bill:
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. subject to certain exceptions, establishes a priority for placing a child with a man
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and a woman who are married to each other when the child is placed in a foster
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placement or for adoption;
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. prohibits taking religion into account, or discriminating against a particular religion,
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when determining the placement of a child in foster care, unless religion is taken
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into account for the purpose of placing the child with a person or family of the same
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religion as the child; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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H. [
None
] This bill coordinates with H.B. 328 by providing substantive and technical
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amendments. .H
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Utah Code Sections Affected:

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AMENDS:

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78-3a-307, as last amended by Chapter 281, Laws of Utah 2006
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78-30-1, as last amended by Chapter 208, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-3a-307
is amended to read:
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78-3a-307. Shelter hearing -- Placement with a noncustodial parent or relative --
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DCFS custody.
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(1) (a) At the shelter hearing, when the court orders that a child be removed from the
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custody of the child's parent in accordance with the requirements of Section
78-3a-306
, the
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court shall first determine whether there is another natural parent as defined in Subsection
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(1)(b), with whom the child was not residing at the time the events or conditions that brought
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the child within the court's jurisdiction occurred, who desires to assume custody of the child. If
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that parent requests custody, the court shall place the child with that parent unless it finds that
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the placement would be unsafe or otherwise detrimental to the child. The provisions of this
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Subsection (1) are limited by the provisions of Subsection (8)(b).
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(b) Notwithstanding the provisions of Section
78-3a-103
, for purposes of this section
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"natural parent" includes only a biological or adoptive mother, an adoptive father, or a
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biological father who was married to the child's biological mother at the time the child was
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conceived or born, or who has strictly complied with the provisions of Section
78-30-4.14
prior
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to removal of the child or voluntary surrender of the child by the custodial parent. This
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definition applies regardless of whether the child has been or will be placed with adoptive
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parents or whether adoption has been or will be considered as a long term goal for the child.
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(c) (i) The court shall make a specific finding regarding the fitness of that parent to
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assume custody, and the safety and appropriateness of the placement.
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(ii) The court shall, at a minimum, order the division to visit the parent's home,
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perform criminal background checks described in Sections
78-3a-307.1
and
62A-4a-202.4
, and
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check the division's management information system for any previous reports of abuse or
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neglect received by the division regarding the parent at issue.
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(iii) The court may order the Division of Child and Family Services to conduct any
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further investigation regarding the safety and appropriateness of the placement.
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(iv) The division shall report its findings in writing to the court.

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(v) The court may place the child in the temporary custody of the division, pending its
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determination regarding that placement.
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(2) If the court orders placement with a parent under Subsection (1), the child and the
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parent are under the continuing jurisdiction of the court. The court may order that the parent
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assume custody subject to the supervision of the court, and order that services be provided to
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the parent from whose custody the child was removed, the parent who has assumed custody, or
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both. The court shall also provide for reasonable parent-time with the parent from whose
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custody the child was removed, unless parent-time is not in the best interest of the child. The
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court's order shall be periodically reviewed to determine whether:
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(a) placement with the parent continues to be in the child's best interest;
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(b) the child should be returned to the original custodial parent;
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(c) the child should be placed with a relative, pursuant to Subsection (5); or
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(d) the child should be placed in the custody of the division.
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(3) The time limitations described in Section
78-3a-311
with regard to reunification
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efforts, apply to children placed with a previously noncustodial parent in accordance with
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Subsection (1).
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(4) Legal custody of the child is not affected by an order entered under Subsection (1)
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or (2). In order to affect a previous court order regarding legal custody, the party must petition
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that court for modification of the order.
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(5) (a) (i) If, at the time of the shelter hearing, a child is removed from the custody of
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the child's parent and is not placed in the custody of his other parent, the court shall, at that
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time, determine whether there is a relative who is able and willing to care for the child.
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(ii) The court may order the Division of Child and Family Services to conduct a
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reasonable search to determine whether there are relatives of the child who are willing and
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appropriate, in accordance with the requirements of this part and Title 62A, Chapter 4a, Part 2,
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Child Welfare Services, for placement of the child. The court shall order the parents to
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cooperate with the division, within five working days, to provide information regarding
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relatives who may be able and willing to care for the child.
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(iii) The child may be placed in the temporary custody of the division pending the
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determination under Subsection (5)(a)(ii).
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(iv) This section may not be construed as a guarantee that an identified relative will

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receive custody of the child. However, preferential consideration shall be given to a relative's
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request for placement of the child, if it is in the best interest of the child, and the provisions of
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this section are satisfied.
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(b) (i) If a willing relative is identified pursuant to Subsection (5)(a), the court shall
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make a specific finding regarding the fitness of that relative to assume custody, and the safety
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and appropriateness of placement with that relative. In order to be considered a "willing
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relative" under this section, the relative shall be willing to cooperate if the child's permanency
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goal is reunification with his parent or parents, and be willing to adopt or take permanent
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custody of the child if that is determined to be in the best interest of the child.
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(ii) The court shall, at a minimum, order the division to conduct criminal background
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checks described in Sections
78-3a-307.1
and
62A-4a-202.4
, visit the relative's home, check
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the division's management information system for any previous reports of abuse or neglect
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regarding the relative at issue, report its findings in writing to the court, and provide sufficient
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information so that the court may determine whether:
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(A) the relative has any history of abusive or neglectful behavior toward other children
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that may indicate or present a danger to this child;
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(B) the child is comfortable with the relative;
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(C) the relative recognizes the parent's history of abuse and is determined to protect the
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child;
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(D) the relative is strong enough to resist inappropriate requests by the parent for
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access to the child, in accordance with court orders;
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(E) the relative is committed to caring for the child as long as necessary; and
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(F) the relative can provide a secure and stable environment for the child.
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(iii) The court may order the Division of Child and Family Services to conduct any
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further investigation regarding the safety and appropriateness of the placement.
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(iv) The division shall complete and file its assessment regarding placement with a
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relative as soon as practicable, in an effort to facilitate placement of the child with a relative.
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(c) The court may place the child in the temporary custody of the division, pending the
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division's investigation pursuant to Subsection (5)(b), and the court's determination regarding
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that placement. The court shall ultimately base its determination regarding placement with a
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relative on the best interest of the child.

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(d) For purposes of this section, "relative" means an adult who is a grandparent, great
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grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first
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cousin, stepsibling, or sibling of the child. In the case of a child defined as an "Indian" under
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the Indian Child Welfare Act, 25 U.S.C. Section 1903, "relative" also means an "extended
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family member" as defined by that statute.
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(6) (a) When the court vests physical custody of a child with a relative pursuant to
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Subsection (5), it shall order that the relative assume custody subject to the continuing
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supervision of the court, and shall order that any necessary services be provided to the child
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and the relative. That child is not within the temporary custody or custody of the Division of
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Child and Family Services. The child and any relative with whom the child is placed are under
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the continuing jurisdiction of the court. The court may enter any order that it considers
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necessary for the protection and best interest of the child. The court shall provide for
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reasonable parent-time with the parent or parents from whose custody the child was removed
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unless parent-time is not in the best interest of the child.
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(b) (i) Placement with a relative pursuant to Subsection (5) shall be periodically
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reviewed by the court, no less often than every six months, to determine whether:
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(A) placement with the relative continues to be in the child's best interest;
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(B) the child should be returned home; or
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(C) the child should be placed in the custody of the division.
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(ii) No later than 12 months after placement with a relative the court shall schedule a
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hearing for the purpose of entering a permanent order in accordance with the best interest of the
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child.
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(iii) The time limitations described in Section
78-3a-311
, with regard to reunification
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efforts, apply to children placed with a relative pursuant to Subsection (5).
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(7) When the court orders that a child be removed from the custody of the child's
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parent and does not vest custody in another parent or relative under this section, the court shall
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order that the child be placed in the temporary custody of the Division of Child and Family
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Services, to proceed to adjudication and disposition and to be provided with care and services
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in accordance with this chapter and Title 62A, Chapter 4a, Child and Family Services.
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(8) (a) Any preferential consideration that a relative is initially granted pursuant to
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Subsection (5) expires 120 days from the date of the shelter hearing. After that time period has

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expired, a relative who has not obtained custody or asserted an interest in a child, may not be
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granted preferential consideration by the division or the court.
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(b) When the time period described in Subsection (8)(a) has expired, the preferential
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consideration which is initially granted to a natural parent in accordance with Subsection (1), is
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limited. After that time the court shall base its custody decision on the best interest of the
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child.
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(9) If, following the shelter hearing, H. [
the court decides to place
] .Hthe child H. is
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placed .Hwith a person
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who is not a parent, relative, or former foster parent of the child, H. [
the court, and the Division of
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Child and Family Services, shall give
] .Hpriority H. shall be given .Hto a foster placement
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with a man and a woman
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who are married to each other, unless it is in the best interests of the child to place the child
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with a single foster parent.
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(10) In determining the placement of a child, neither the court, nor the Division of
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Child and Family Services, may take into account, or discriminate against, the religion of a
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person with whom the child may be placed, unless the purpose of taking religion into account
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is to place the child with a person or family of the same religion as the child.
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Section 2.
Section
78-30-1
is amended to read:
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78-30-1. Who may adopt -- Adoption of minor -- Adoption of adult -- Priority
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among adoptive parents.
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(1) Any minor child may be adopted by an adult person, in accordance with the
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provisions and requirements of this section and this chapter.
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(2) Any adult may be adopted by another adult. However, all provisions of this chapter
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apply to the adoption of an adult just as though the person being adopted were a minor, except
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that consent of the parents of an adult person being adopted is not required.
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(3) (a) A child may be adopted by:
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(i) adults who are legally married to each other in accordance with the laws of this
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state, including adoption by a stepparent; or
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(ii) subject to Subsection (4), any single adult, except as provided in Subsection (3)(b).
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(b) A child may not be adopted by a person who is cohabiting in a relationship that is
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not a legally valid and binding marriage under the laws of this state. For purposes of this
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Subsection (3)(b), "cohabiting" means residing with another person and being involved in a

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sexual relationship with that person.

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(4) In order to provide a child who is in the custody of the division with the most
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beneficial family structure, when a child in the custody of the division is placed for adoption,
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the division or child-placing agency shall place the child with a man and a woman who are
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married to each other, unless:
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(a) there are no qualified married couples who:
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(i) have applied to adopt a child;
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(ii) are willing to adopt the child; and
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(iii) are an appropriate placement for the child;
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(b) the child is placed with a relative of the child;
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(c) the child is placed with a person who has already developed a substantial
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relationship with the child;
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(d) the child is placed with a person who:
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(i) is selected by a parent or former parent of the child, if the parent or former parent
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consented to the adoption of the child; and
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(ii) the parent or former parent described in Subsection (4)(d)(i):
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(A) knew the person with whom the child is placed before the parent consented to the
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adoption; or
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(B) became aware of the person with whom the child is placed through a source other
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than the division or the child-placing agency that assists with the adoption of the child; or
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(e) it is in the best interests of the child to place the child with a single person.
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H. Section 3. Coordinating H.B. 343 with H.B. 328 -- Substantive and technical
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amendments.
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If this H.B. 343 and H.B. 328, Child Protection and Parental Rights Amendments, both
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pass, it is the intent of the Legislature that the Office of Legislative Research and General
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Counsel shall prepare the Utah Code database for publication by amending Subsection
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78-3a-307(9) to read:
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(9) If, following the shelter hearing, the child is placed with a person who is not a
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parent of the child, a relative of the child, a friend of a parent of the child, or a former foster
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parent of the child, priority shall be given to a foster placement with a man and a woman who
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are married to each other, unless it is in the best interests of the child to place the child with a
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single foster parent. .H